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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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Concurrent Responsibilities under the European Convention on Human Rights

Concurrent Responsibilities under the European Convention on Human Rights

The Concurrence of Human Rights Jurisdictions, Duties, and Responsibilities

Chapter:
(p.155) 8 Concurrent Responsibilities under the European Convention on Human Rights
Source:
The European Convention on Human Rights and General International Law
Author(s):

Samantha Besson

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0009

This chapter discusses how one should articulate the concurrent effective control, and hence jurisdictions, of different States under the European Convention on Human Rights (ECHR), how one should specify and allocate their concurrent duties stemming from this concurrence of jurisdiction, and, finally, how one should attribute and then allocate their concurrent responsibilities when concurrent duties have been violated. It discusses how much of the European Court of Human Rights’ (ECtHR’s) practice has promoted, and could promote even further, the development of the still largely underexplored regime of concurrent, or shared, responsibility in general international law. It argues that the few basic principles and conditions of concurrent responsibility available in general international law are such that the ECHR is the only context in which they could actually be fulfilled. All this makes it even more important, therefore, for the ECtHR to actively monitor developments on concurrent jurisdictions, duties, and responsibilities in its regime of international responsibility.

Keywords:   effective control, concurrent jurisdiction, concurrent duties, concurrent responsibilities, plural responsibility, shared, concurring, or joint responsibility, development of general international law

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